Actually, the advice you received is not accurate. Negligence has a set definition in insurance law. This is something many "non-insurance" attorneys do not understand.
Here are some facts you may want to note. I am not giving you legal advice but just another perspective from the "other side".
If the grandparents had no knowledge that the cord had a problem, how could they have prevented the incident?
MY RESPONSE: I never said that the cord had a problem. I did say that it may have been plugged in with too many other plugs. That was an example. Additionally, we all have an "ongoing and continuing duty" to inspect our personal property; e.g., if the cord is frayed, or if a plug is plugged into an outlet with too many other electrical plugs.
In insurance liability, Negligence means that a "reasonable person" SHOULD have had foreknowledge of the event and did not attempt to prevent it.
Could they have known this would occur?
MY RESPONSE: The "reasonable person" rule dictates the common knowledge that if a cord is frayed, or is plugged into an outlet with too many other electrical plugs, an incident; e.g., a fire, has a reasonable chance to occur. We cannot, as property owners, place our heads in the sand and just hope for the best.
Most importantly, no one here has mentioned who may be liable. If the cord had a manufacturing defect, then there may be a cause against the manufacturer and possibly the dealer.
MY RESPONSE: Ah, hem. Please read my above response again. I said, "One last item. You had better start "terming" this as negligence on the part of the G-parents because if you don't, the insurance company won't pay, and will probably go after the electric cord manufacturer. That will really muddy up the waters."
You can sue the grandparents for medical coverage but just because the fire started in their home does NOT mean that they are liable for the damages that occurred.
MY RESPONSE: If the G-Parents are the proximate cause of the fire, then yes, they are liable - - not only for the medical, but also for the General Damages.
I could spend days explaining the reality of a plaintiff attorney and their "big pockets" theory, but I won't. No one wants to hear the truth anyway.
MY RESPONSE: I do, I do!
There are a few really good, honest plaintiff attorneys out there that will be glad to help you for a fair fee. Watch out for contingency fees - double check the contract!!!
MY RESPONSE: Really, just a few? Wow! It's like spinning the Roulette Wheel for you, isn't it? Remember, don't step on a crack - - you'll break your Momma's back!
What faults to you find with contingency fee agreements? A "fair" fee is 33 1/3% before litigation, and 40% at the commencement of litigation. What would you like our writer to "double check". Don't just say "double check" and leave that statement hanging . . . Tell us what you'd like the writer to "double check" for in the contract.
IAAL